Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant was convicted, after jury trial, of attempt (criminal sexual assault), and sentenced to 30 years. Record contains no specific or express complaints by Defendant about his counsel’s performance, and thus no Krankel inquiry was required. Court appropriately relied on stipulated evidence as to psychiatric expert’s opinion testimony to find Defendant fit to stand trial. Record does not indicate that Defendant’s mental health changed significantly from time of evaluation of his fitness for trial and time of his trial or sentencing. Thus, court was not required to sua sponte order a fitness hearing during trial and sentencing phases of underlying proceeding. (APPLETON, concurring; STEIGMANN, specially concurring.)